my proposed action would not constitute the senate sticking its nose into the house’s business.
in this case, the house has incompletely discharged its impeachment prosecutorial duties as set forth in the constitution.
under the common law principle of ubi jus ibi remedium, then, the president may file directly with the senate (since otherwise the peoples’ business may be adversely affected by the house’s incomplete discharge of impeachment prosecutorial duties).
i agree with you in the sense that imho what we don’t want is the ussc sticking its fingers into congress’ business. all of this can be done via written filings directly with the senate, and copies served to all involved parties.
Congress is not the judicial branch, ex post facto and all that.
Our judicial branch is certainly not going to support a House of Congress seeking judicial powers, and shouldn’t.
It’s to be run as a legislative body, even in Impeachment. The Constitution has no mechanism for the Executive to supersede the House’s *sole power* to impeach.
If the Senate considers something that happened in the House to have ‘voided’ the House’s impeachment articles of course they can.